General Terms of Use for Consumers

d.velop AG, Schildarpstraße 6-8, 48712 Gescher, Germany ("Provider", "d.velop", "we", "us"), provides a web-based platform ("platform", "system", "foxdox" or further names could be the following: "d.velop postbox", "d.velop file sharing", "d.velop documents light", "foxdox"), which can be used by registered members ("Users").

1 General regulations

1.1 These General Terms and Conditions of Use ("GTC") apply to all services offered by the Provider to consumers (§ 13 BGB / German Civil Code) via the platform. By registering as a User, the User acknowledges the General Terms and Conditions valid at that time. The GTC can be accessed at any time at https://mein.foxdox.de/legal/termsandconditions.

1.2 The Provider reserves the right to amend these GTC. Significant contractual changes will be communicated to the User in text form. The User then has 4 weeks to object to these changes in text form. Should the User object, the Provider has the possibility to terminate the contract for the Services made available to the User without notice.

2 Services of the platform

2.1 The functions of the platform can be viewed in the service description at https://mein.foxdox.de/legal/servicedescription. The Provider reserves the right to change the platform at his own reasonable discretion (§ 315 BGB), taking into account the interests of the User, provided that this does not affect the Provider's essential contractual obligations.

2.2 The Provider does not owe any quality of the platform beyond that specified in clause 2.1. The interoperability of the platform with hardware and software available at the User is not a quality owed. The platform is accessed via the Internet. The User is responsible for creating Internet access.

2.3 Access to the Platform shall be provided to the User as an executable service via a web portal (in the browser), via a desktop synchronization program or via an app under the operating systems released for this purpose by the Provider. The making available of source codes or interface definitions is not owed.

2.4 The contents posted on the platform for a User are external contents for the Provider. The Provider is not responsible for these external contents. If, in exceptional cases, the Provider provides his own content via the platform, this content is marked as such.

2.5 Via links in the Platform, Users can access external Internet sites that are not operated by the Provider. Such links are either clearly marked (e.g. as an advertisement or advertisement) or can be identified by a change in the address line of the browser. The Provider is not responsible for the content of these external internet pages.

2.6 The Provider is entitled to offer the platform itself or through third parties ("subcontractors"). The Provider will only use subcontractors based in Germany.

3 Use of the platform

3.1 In order to use the Platform, a one-time registration as a User is required via an electronic form in the web portal or in the smartphone apps provided, using an e-mail address, a member name chosen by the User ("User Name", "Username") and password. Only by clicking on the corresponding button (e.g. "register"; in the case of fee-based services, e.g. "order fee-based tariff") does the User submit a legally binding application to the Provider. This will be confirmed or rejected by the Provider; only with the confirmation by the Provider a contract with the User is concluded.

3.2 Users can become only unrestrictedly contractually capable, natural persons; other persons require a consent of their legal representative. The User is free to register several times as a member of the platform under different member names. The Provider reserves the right to refuse registration as a User in individual cases without giving reasons.

3.3 The User is responsible for the information he provides on the platform. The data stored by the User on the platform must be complete and truthful. The member name chosen by the User may not infringe any rights of third parties, in particular rights to names and trademarks.

3.4 The User is obliged to keep his password secret and must protect it from unauthorized use by third parties. The User is liable for any misuse of his member profile if he is responsible for the misuse.

4 Prices, terms of payment, default

4.1 Basic membership of the platform is free of charge. The User can upgrade his membership at any time and change to a fee-based tariff.

4.2 The amount of the costs for chargeable services on the platform is shown in the tariff overview. For the chargeable services, the tariffs on the day of the order apply, which are understood to include VAT at the statutory rate. Tariff changes become effective when the User has agreed to the selected tariff.

4.3 Invoices issued by the Provider are delivered to the User account of the User and are due immediately and payable without deduction. The payment is only considered as effected if the Provider can dispose of the payment amount. Only the payment methods listed in the service description https://mein.foxdox.de/legal/servicedescription are available.

4.4 The User shall be in default if he has not paid within thirty days of the due date and receipt of an invoice or comparable payment schedule.

5 Right of revocation for consumers

For Users as consumers (§ 13 BGB / German Civil Code), the following information on the right of revocation for the use of paid services on the platform applies:

Cancellation policy

You have the right to revoke the contract for the use of paid services on the platform within fourteen days without stating reasons. The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation, you must inform us (d.velop AG, Schildarpstraße 6-8, 48712 Gescher, Germany, support@foxdox.de, phone: +49 (0) 2542 9307-0) of your decision to revoke the contract by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the attached model revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of cancellation

If you revoke the contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

End of the cancellation policy

6 Content and duties of the Users

6.1 The User is entitled to use the platform for his own, non-commercial purposes. Commercial or business use is possible by registering as a Business User.

6.2 The Provider is only a technical service Provider. The content posted on the Platform by the User or by third parties on the User's behalf will only be stored by the Provider and, if necessary, processed automatically by means of text recognition or other methods. The Provider has no knowledge of the content. For this reason, the Provider is not aware of the content.

6.3 The User himself is responsible for compliance with the legal regulations regarding the content posted for the User.

6.4 Every User has to observe the applicable law and to protect the rights of third parties.

In particular, Users are prohibited from doing so,

• to violate the property rights of third parties such as trademarks, copyrights and rights to a name
• to post insulting, slanderous, pornographic, youth endangering or otherwise criminally relevant contents
• to harass other Users and/or third parties unreasonably, for example through unsolicited advertising (spam) and offensive or sexually-oriented communication
• use mechanisms, software and/or scripts that go beyond the functionalities and interfaces provided on the platform by the Provider, in particular if services of the Provider are blocked, modified, copied and/or overwritten as a result and these services are required for the contractual use of the platform, and
• to attempt to compromise the platform, the security systems used by the Provider or the contents retrievable on the platform by altering data (§ 303a German Criminal Code), computer sabotage (§ 303b German Criminal Code), falsification of evidentially relevant data (§ 269, 270 German Criminal Code), Suppression of evidentiary data (§ 274 StGB), computer fraud (§ 263a StGB), spying on data (§ 202a StGB), interception of data (§ 202b StGB) or other criminal offences, whereby corresponding attempts are reported by the Provider to the responsible public prosecutor's office.

6.5 The Provider does not create backups for the User.

7 Transfer of rights of use and exploitation

7.1 By placing content on the Platform, the User grants the Provider those rights of use and exploitation of content that are required by the Provider to enable the Provider to provide the User with the services associated with the Platform.

7.2 If text, image, graphic, audio or video files are placed on the Platform by the User, the User must ensure that he/she is entitled to the necessary rights of use and exploitation of such content.

8 Liability and availability

8.1 Unless otherwise stated in these GTC, the Provider shall be liable in accordance with the statutory provisions. This also applies to legal representatives and vicarious agents of the Provider.

8.2 In the event of damages, the Provider shall be liable for intent and gross negligence, regardless of the legal grounds. In the case of services provided free of charge, liability for simple negligence is excluded. Otherwise, the Provider shall only be liable in the case of simple negligence a) for damages resulting from injury to life, body or health, and b) for damages resulting from the breach of a material contractual obligation. In the event of a breach of an essential contractual obligation, liability is limited to compensation for foreseeable, typically occurring damage and liability for indirect damage, in particular loss of profit, is excluded. This does not apply if the Provider has fraudulently concealed a defect or, in exceptional cases, has given a guarantee of quality; the same applies to claims under the Product Liability Act.

8.3 The availability of the platform may be temporarily restricted due to technical faults for which the Provider is not responsible or due to force majeure (in particular due to failure of the power supply and/or Internet, pandemics, fire, explosion, earthquake, storms, flooding, industrial action for which the Provider is not responsible), and also due to the performance of maintenance work which serves to maintain and improve the operational capability of the platform. The Provider shall be liable for the consequences of limited availability only within the scope of the availability promised to the User in the service description.

8.4 The User releases the Provider from all claims of other Users and third parties directed to payment, which are asserted against the Provider because of a violation of rights of the User. The User takes over all the Provider arising and reasonable costs, which result from such a violation of rights. This includes in particular the necessary costs of legal defence. This does not apply if the User is not responsible for the infringement. Other claims of the Provider against the User remain unaffected.

9 Notice and termination of membership

9.1 Membership of the platform runs for an indefinite period of time.

9.2 The User may terminate the membership with the platform in the basic version at any time. The Provider may terminate the User's membership of the platform with a notice period of 30 days. Before the Provider terminates the membership, the User will be informed by the Provider by e-mail so that he can save the documents in time. The termination can be effected by deleting the User account.

9.3 If the User makes use of chargeable services, the contract period resulting from the tariff overview shall apply. If neither the User nor the Provider reduces the use of the chargeable Services to free membership at the latest two weeks before the expiry of the agreed term, the term of the chargeable Services shall be extended again by the corresponding period from the tariff overview, i.e. as a rule by a further month in each case, but no longer than by a further year in each case. The termination or termination of a fee-based service or the User's free membership of the Platform shall not be affected.

9.4 Upon termination of the membership, the User's member profile and his access to the Platform shall be blocked. The member profile and the content posted by the User will be deleted within 48 hours after the User's account has been deleted. Data, documents & contents intended for further use by the User shall be secured by downloading them before termination of the membership.

9.5 The right to extraordinary termination for good cause (§ 314 BGB) remains unaffected. Good cause shall be deemed to exist for the Provider in particular if (i) the User has continued and culpably violated these GTC seriously or in spite of a warning from the Provider, or (ii) the User is in default of payment for the use of chargeable services despite a reminder from the Provider and a grace period for payment of at least two calendar weeks.

10 Confidentiality and data protection

The Provider collects, processes and uses personal data. All information on the handling of personal data by the Provider can be found in the privacy policy, which is available at any time at https://mein.foxdox.de/legal/privacypolicy.

11 Final provisions

11.1 German law applies. If the User has his habitual residence in another country within the EU/EEA at the time of the establishment of the membership, the application of mandatory legal provisions of this country remains unaffected.

11.2 The assignment of claims of the User in connection with the membership on the platform requires the consent of the Provider, which may only be refused for good cause.

11.3 The Provider is entitled to transfer the membership with the User to a third party.

11.4 Oral collateral agreements have not been made. Amendments and supplements to these General Terms and Conditions as well as all declarations of the parties relating to the membership must be made in text form. This also applies to the cancellation of the formal requirement.

11.5 Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case the law shall apply. The same applies in the event of a gap in these GTC.

11.6 There is a Platform of the EU Commission for online dispute resolution http://www.ec.europa.eu/consumers/odr. Provider is willing to participate in dispute resolution proceedings before a consumer body.

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Annexes

Sample cancellation form for consumers

(If you wish to cancel the contract for the use of paid services on the platform, please fill in and return this form).

To:

d.velop AG
Schildarpstraße 6-8
48712 Gescher
Germany
support@foxdox.de

 

I hereby revoke the contract I have concluded for the provision of the following service:

Ordered on:

User name on the platform:

Used e-mail address for the User account:

Name of the consumer:

Address of the consumer:

Signature of the consumer:
(only in case of communication on paper)

Date:

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General terms of use
version 2.1
Status: 01.12.2021
d.velop AG